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Life insurance of dead wife funding Frasch's criminal defense

Dr. Adam Frasch is out of jail — and his legal fees are being paid with the insurance of the wife he's accused of killing.

Frasch, who was released on bond Friday in advance of his murder trial, is using part of her life insurance money to pay for his criminal defense.

According to court records, a settlement on Samira Frasch’s $1 million life insurance policy was solidified Oct. 1. The agreement calls for her husband’s criminal defense attorney Clyde Taylor to get $200,000 for his work, directs $25,000 for the civil litigation services of attorney John Kenny and could put $150,000 in Frasch’s pocket.

A court order must be obtained to approve the distributions.

Frasch, a former Thomasville podiatrist, is accused of killing his wife Samira Frasch, a Madagascar native, at the couple's Golden Eagle home in February 2014.

In addition to funding Frasch’s legal defense, the life insurance policy could funnel $125,000 to the law firm Friedman, Frank and Abrahamsen for its representation in a wrongful death suit filed by the estate of Samira in May 2014.

The couple’s two daughters and Samira's two other children will divide $500,000. No money from the insurance policy will go to the estate.

The life insurance policy also dictates Samira's pre-marriage possessions be sold and proceeds given to the representative of her estate. Any money from other property or possessions obtained during their marriage will be channeled into a separate account with 40 percent going to Frasch, 40 percent to the children and the remainder divided among attorneys.

Attorney David Frank, who is representing the estate’s representative Jana McConnaughhay, pushed to have the settlement agreement sealed as confidential information.

The request was denied after the Leon County Clerk of Courts reviewed the proposal and found it did not meet the criteria of confidentiality.

At the time of her death, Samira was in the process of divorcing her estranged husband.

Investigative reports into her death showed their 5-year marriage — Adam Frasch’s third — was tumultuous and rife with threats of divorce. The couple clashed throughout their marriage and in 2013 came to several violent blowouts.

She finally filed for divorce in September 2013 citing his excessive gambling and adultery. Three months later she was granted custody of their two daughters and sole temporary possession of their Golden Eagle home where she would ultimately be found dead at the bottom of the pool Feb. 22, 2014.

Medical examiners said she died of drowning and blunt force trauma to the head. An autopsy report showed she had a large bruise on the right side of her head and a skull fracture.

Her DNA was found on the head of a golf club at the home, according to a mid-May forensic examiner's report.

In the months before her death, Samira told friends and neighbors she feared for her life and that Frasch had threatened to kill her.

Frasch, 48, has maintained his innocence since his arrest last year and has pleaded not guilty.

He sat in the Leon County Jail for nine months on charges of violating a child custody order before he was indicted on first-degree murder charges in November.

In late October, prosecutors signed a deal with Frasch, sparing him from facing the death penalty if convicted in exchange for being tried before a jury of six rather than 12 people.

Frasch was released from jail Friday evening after Judge Frank Sheffield approved a $250,000 bond. At the time of his release, Taylor said Frasch lacked control over financial assets and had lost his podiatry practice, leaving him without an income source.

He was ordered to wear a GPS monitor, abstain from alcohol and drugs, to turn over his passport and driver's license, remain in the 2nd Judicial Circuit and live with his father in Tallahassee.

Taylor, who has been practicing law since 1970, said Frasch is the only client during his career charged with first-degree murder and granted pretrial bond.

He attributed the judge’s rare decision to weaknesses in the state’s case, including a vague time of death and whether Samira was the victim of a homicide or an accident.

“It’s also probably a case with far, far, far more reasonable doubt as to the guilt of my client than another,” he said.

Chief Assistant State Attorney Georgia Cappleman, however, said she was surprised Frasch was allowed out of jail. She noted people accused of murder don’t typically seek bond, and she doesn’t think it should have been granted to Frasch.

“I think he’s a flight risk and I think he’s dangerous,” she said.

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.